Bill Text: NY A06095 | 2011-2012 | General Assembly | Introduced

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Bill Title: Prohibits telephone solicitation calls between the hours of 8 P.M. and 8 A.M. and provides for enforcement by the attorney general and allows the complainant to bring an action in his or her name to enjoin such unlawful act or practice and recover compensations.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2012-06-05 - reported referred to codes [A06095 Detail]

Download: New_York-2011-A06095-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6095
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 7, 2011
                                      ___________
       Introduced  by  M.  of  A. COOK -- Multi-Sponsored by -- M. of A. AUBRY,
         HOOPER, V. LOPEZ, McENENY, REILLY, TOWNS,  WRIGHT  --  read  once  and
         referred to the Committee on Corporations, Authorities and Commissions
       AN  ACT  to  amend  the  public  service law, in relation to prohibiting
         certain telephone solicitation calls
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The public service law is amended by adding a new section
    2  92-g to read as follows:
    3    S 92-G. TELEPHONE SOLICITATION CALLS PROHIBITED DURING CERTAIN  HOURS.
    4  1.  AS  USED IN THIS SECTION THE TERM: (A) "TELEPHONE SOLICITATION CALL"
    5  SHALL MEAN A CALL OR MESSAGE TO A RESIDENTIAL TELEPHONE CUSTOMER FOR THE
    6  PURPOSE OF SOLICITING A PURCHASE, LEASE, OR RENTAL OF, OR INVESTMENT IN,
    7  OR CONTRACT OR EXTENSION OF CREDIT FOR GOODS, SERVICES OR  PROPERTY,  OR
    8  FOR  THE  PURPOSE  OF OBTAINING INFORMATION FOR SUCH PURPOSES. SUCH TERM
    9  SHALL NOT INCLUDE A CALL MADE TO A  RESIDENTIAL  TELEPHONE  CUSTOMER  IN
   10  RESPONSE  TO  AN INQUIRY OR INVITATION, BASED ON AN ESTABLISHED BUSINESS
   11  RELATIONSHIP, OR AFTER RECEIPT OF EXPRESS PERMISSION.
   12    (B) "PERSON" SHALL MEAN ANY INDIVIDUAL, FIRM,  ORGANIZATION,  PARTNER-
   13  SHIP,  ASSOCIATION,  CORPORATION  OR  OTHER BUSINESS ENTITY.   SUCH TERM
   14  SHALL NOT INCLUDE ANY NON-PROFIT ORGANIZATION.
   15    2. NO PERSON SHALL PLACE A TELEPHONE  SOLICITATION  CALL  BETWEEN  THE
   16  HOURS OF EIGHT P.M. AND EIGHT A.M.
   17    3. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
   18  MAY  BE  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
   19  STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION TO ISSUE  AN
   20  INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS,
   21  TO  ENJOIN  AND  RESTRAIN  THE CONTINUANCE OF SUCH VIOLATIONS; AND IF IT
   22  SHALL APPEAR TO THE SATISFACTION OF  THE  COURT  OR  JUSTICE,  THAT  THE
   23  DEFENDANT  HAS,  IN  FACT,  VIOLATED  THIS  SECTION AN INJUNCTION MAY BE
   24  ISSUED BY SUCH COURT OR JUSTICE ENJOINING AND  RESTRAINING  ANY  FURTHER
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02444-01-1
       A. 6095                             2
    1  VIOLATION,  WITHOUT  REQUIRING  PROOF THAT ANY PERSON HAS, IN FACT, BEEN
    2  INJURED OR DAMAGED THEREBY. IN ANY SUCH PROCEEDING, THE COURT  MAY  MAKE
    3  ALLOWANCES  TO  THE  ATTORNEY  GENERAL  AS  PROVIDED IN PARAGRAPH SIX OF
    4  SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRAC-
    5  TICE  LAW  AND  RULES, AND DIRECT RESTITUTION.  WHENEVER THE COURT SHALL
    6  DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED, THE  COURT  MAY
    7  IMPOSE A CIVIL PENALTY OF NOT MORE THAN ONE HUNDRED DOLLARS PER CALL, UP
    8  TO A TOTAL OF NOT MORE THAN TWENTY THOUSAND DOLLARS, FOR CALLS PLACED IN
    9  VIOLATION  OF  THIS SECTION WITHIN A CONTINUOUS SEVENTY-TWO HOUR PERIOD.
   10  IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE  ATTORNEY  GENERAL
   11  IS  AUTHORIZED  TO  TAKE  PROOF AND MAKE A DETERMINATION OF THE RELEVANT
   12  FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL  PRACTICE  LAW
   13  AND RULES.
   14    4.  IN ADDITION TO THE RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL
   15  PURSUANT TO THIS SECTION, ANY PERSON WHO HAS RECEIVED A  TELEPHONE  CALL
   16  IN  VIOLATION OF THIS SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME
   17  TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, AN ACTION TO RECOVER HIS OR HER
   18  ACTUAL DAMAGES OR FIVE HUNDRED DOLLARS, WHICHEVER IS  GREATER,  OR  BOTH
   19  SUCH  ACTIONS.  THE  COURT MAY, IN ITS DISCRETION, INCREASE THE AWARD OF
   20  DAMAGES TO AN AMOUNT NOT TO EXCEED THREE TIMES THE ACTUAL DAMAGES OR ONE
   21  THOUSAND FIVE HUNDRED DOLLARS, WHICHEVER IS GREATER, IF THE COURT  FINDS
   22  THE  DEFENDANT  WILLFULLY  OR KNOWINGLY VIOLATED THIS SECTION. THE COURT
   23  MAY AWARD REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAINTIFF.
   24    S 2. This act shall take effect on the first of November next succeed-
   25  ing the date on which it shall have become a law.